PSP Questions

 

Question #21 
   

20 years retired.  20% agent orange (in country Vietnam) Who are the BOZO's that pulled that comp away from my retirement check? The catch word is "OFFSET".

 


A1:  If it is less than 50% disability, they will offset your retirement pay for the amount less You can receive both if over 50%.  (TR) 4/4/2016
   
A2:  The offset was put in place by Congress. The law has been changed so that anyone above 50% will get concurrent disability and retirement pay. There is another change in the law that is phasing in concurrent disability for everyone else. (AP)  4/4/2016
 
A3:   I also retired after 20 years E7 USAF.  30% rated for agent orange for Coronary artery disease (CAD) status post percutaneous coronary intervention (PCI).  They also took it out of my retired pay.  Check this out Combat-Related Special Compensation (CRSC) and Concurrent Retired and Disability Pay (CRDP), go to dfas.mil/dfas/retiredmilitary/disability/payment.html, or call 1-800-321-1080.  You will need DD FORM 2860, I believe it was 4 pages and has several web sites listed if you need help.  I received retroactive back pay, and the VA doubled my payment, the retired pay is still the same reduced amount I was drawing, the good thing is the VA payment is not taxed.  (RAP)  4/19/2016

A4:  If you have any conditions that are related to Agent Orange exposure and you believe they are then claim them.  Such as type II disbetes which you can have many secondary conditions caused by the diabetes and have them get worse over the years. Some are kidney disease, kidney stones, degenerative bone or joint disease, neuropathy in extremities, back pain, cataracts, etc.  List all the conditions you are suffering and be checked out for them.  You can have it done by the VA or get it done by your outside physician which is how I found out about the diabetes.  The VA is getting to where they can not keep up with the number of veterans and the health demands alone anymore so the quality of the health care by them is deteriorating more and more.  I have had at least three differenent misdiagnoses which could have put me with a catheter and colposcopy bag for the rest of my life.  Neck and spine pain that was told is the same and not any worse as far as condition or pain.  Turns out the outside doctor said they are right it is as bad as it can get but the pain will get worse and eventually you will be crippled or dead from the surgery it would take to just keep you walking. So do see outside doctors if you can to get at least a second opinion before electing any surgery and if able get the surgery done on the outside.  (JRM)  4/30/2016
 

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Question #22 

 

Currently when a veteran applies for disability compensation and is granted a rating the compensation is retroactive time of application for benefits.  Is there a way to get compensation retroactive to time the service connected disability occurred?

 


A1:  Except as otherwise provided, the effective date of an evaluation and award of pension, compensation or dependency and indemnity compensation based on an original claim, a claim reopened after final disallowance, or a claim for increase will be the date of receipt of the claim or the date entitlement arose, whichever is the later.  (AP)  4/4/2016
 
A2:  Approved benefits paid by the VA begin from the date the veteran files a claim, according to administrative rules. Retroactive payments reimburse vets for failure to pay valid claims, time waiting for approval for valid claims and underpayments for approved claims.  The rules state the claim will be paid back to the 1st day of the month following the application.  For instance, if I filed a claim on 15 Jan 2016.  The VA will back pay the claim to 01 Feb 2016.  The only exception would be Presumptive Service-Connection. Generally, an effective date for service-connection for a disability that is presumed to be related to military service is the date entitlement arose if the claim is received by VA within one year of release from active duty. If the claim is received by VA after one year of release from active duty, the effective date is the date of receipt of the claim or the date entitlement arose, whichever is later. For these claims, the effective date will be the day following separation.  Please check this web site for other rules concerning the establishment of dates.  (RJ)  4/4/2016  http://www.benefits.va.gov/compensation/effective_dates.asp
 

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